The Terms and Conditions listed below are for the purchase of filing stationery only.
1. Conditions applicable
1.1 The Filing Plus Group Plc. is registered in England and Wales No.04309805, the registered office is Queens House, 8-9 Queen Street, Cheapside, London, EC4N 1SP and the VAT No. is 769 5891 53.
1.2 These Terms and Conditions shall apply to all contracts for the sale of goods (which expression shall where the context so permits include the supply of services) by Filing Plus Group UK Ltd to a buyer who is acting in the course of a business (including in the course of any business) to the exclusion of all other terms and conditions.
1.3 The Filing Plus Group Plc reserves the right to add to, alter, amend or withdraw at any time without notice any of these Terms and Conditions.
1.4 Orders for goods will only be accepted from Buyers acting in the course of a business.
1.5 All orders for goods until accepted or rejected at its discretion by the Terms and Conditions shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability.
1.6 Whilst The Filing Plus Group Plc has made every effort to ensure that the information within its website is correct at the time of publication they do not form part of any contract for the sale of goods. For technical reasons colour illustrations should be viewed as a guide only.
1.7 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by The Filing Plus Group Plc shall be subject to correction without any liability on the part of The Filing Plus Group Plc.
1.8 In these Terms and Conditions 'Working Day' means Monday to Friday in each week except any Bank or Public Holiday in either The Filing Plus Group Plc's place of business or the country of delivery or such other days when The Filing Plus Group Plc office is closed as notified to the Buyer from time to time.
2. Orders, specifications and returns
2.1 The Filing Plus Group Plc reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements, or where the goods are to be supplied to The Company's specification which do not materially affect their quality or performance. Whilst The Filing Plus Group Plc will endeavour to supply the product ordered.
2.2 The goods sold by The Filing Plus Group Plc are at its discretion categorised as:- stock stationery products being stationery products ordinarily held in stock by The Company for direct delivery.
2.3 Any non-returnable goods sold by The Filing Plus Group Plc will only be accepted as a return either at The Company's absolute discretion or where the goods are found to be defective at the date of delivery.
2.4 The Filing Plus Group Plc shall credit the Buyer for Stock stationery products which are returned within 30 days of delivery provided always that the goods remain unopened and are returned in their original packaging and in the condition in which they were originally delivered, otherwise The Filing Plus Group Plc shall have the sole discretion not to accept the return of goods. This does not affect your statutory rights.
3. Price and payment
3.1 It is the policy of The Company to offer competitive prices wherever possible. The prices quoted by The Filing Plus Group Plc are so far as possible the The Filing Plus Group Plc's correct selling price. Due however to the ever changing nature of the office supplies market unless otherwise agreed in writing The Filing Plus Group Plc reserves the right at any time to revise the price of goods without notice to the Buyer. The price of the goods shall be the price stipulated at time of order at the date of dispatch of the goods. Filing Plus will, wherever it is practical to do so, endeavour to notify price changes prior to their implementation.
3.2 Prices quoted are, except where otherwise stated in writing, exclusive of VAT at the rate prevailing on the date invoice.
3.3 The Buyer shall pay the price of the goods within 30 days of the date of The Filing Plus Group Plc's invoice notwithstanding that the property in the goods has not passed to the Buyer. The time of payment shall be of the essence of the contract.
3.4 The Filing Plus Group Plc reserves the right to grant, refuse, withdraw, restrict, alter, suspend or cancel credit terms at their sole discretion. The Filing Plus Group Plc, without limitation, reserves the right to refuse or cancel orders for goods where the buyer is or is liable to become in breach of its agreed credit terms.
3.5 Where the Buyer's account has been suspended or cancelled or if the Buyer's credit limit is reached or exceeded, The Filing Plus Group Plc shall be under no obligation to accept any further Orders for goods and The Company shall not be held to be in breach of its Service Guarantee as provided in Clause 4.
3.6 If the Buyer fails to make payment before or on the due date then, without prejudice to any other right or remedy available to The Filing Plus Group Plc, The Company shall be entitled to charge the Buyer:-
(i) Interest (both before and after any judgment) on the amount unpaid at the rate of ten per cent per annum until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
(ii) An administration fee of £30.00.
4. Risk and property
4.1 Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery.
4.2 Notwithstanding delivery and the passing of risk in the goods or any other provision of these Terms and Conditions, title to the goods or any part thereof shall not pass to the Buyer until:-
(i) The Filing Plus Group Plc has received payment of all monies owed and payable by it to The Company for the goods and all other products agreed to be sold by The Company to the Buyer for which payment is then due; or
(ii) The Filing Plus Group Plc serves notice in writing on the Buyer specifying that title in the goods or any specified part thereof has passed to the Buyer. Until title to the goods has passed, the Buyer shall possess the goods or any part thereof as a bailiff of The Company and shall store the goods or any part thereof in the same state and condition in which they have been delivered separately from other goods so as to ensure that they are clearly identifiable as the property of The Company.
4.3 The Filing Plus Group Plc shall be entitled to recover the goods in respect of which title has not passed to the Buyer at any time and the Buyer hereby licences The Company, its officers, employees and agents to enter upon any premises of the Buyer for the purpose either of satisfying itself that Clause 4.2 hereof is being complied with by the Buyer or recovering any goods in respect of which title has not passed to the Buyer.
4.4 Until such time as the title to the goods passes to the Buyer, the Buyer shall be entitled to use the goods in the ordinary course of business.
5. Warranties and liability
5.1 The Company will replace stationery products found to be defective on delivery without charge. Goods incorrectly supplied or invoiced as a result of error on the part of The Filing Plus Group Plc will be collected or credited without charge. Any stationery item in its original, undamaged packaging, except special order stationery products, may be returned within 30 days of delivery. These are the sole remedies in such cases.
5.2 The above warranty is given by The Company subject to the condition that The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the manufacturers' or The Company's instructions (whether oral or in writing), misuse or alteration or repair without The Company's approval.
5.3 Subject as expressly provided in these Terms and Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law, subject to clause 5.5 below. The Buyer when ordering via The Filing Plus Group Plc web site must ensure it has in place virus protection as The Company accepts no liability for viruses transmitted or passed to the Buyer through use of The Company's web site whether for ordering purposes or otherwise.
5.4 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified The Filing Plus Group Plc in accordance with these Conditions, The Company shall be entitled to repair or replace the goods (or the part in question) free of charge or, at The Filing Plus Group Plc sole discretion, refund to the Buyer the price of the goods (or proportionate part of the price), but The Company shall have no further liability to the Buyer.
5.5 Except in respect of death or personal injury caused by The Filing Plus Group Plc negligence, The Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of The Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or services or their use or resale by the Buyer.
5.6 The Buyer agrees that it is best able to estimate the extent and nature of the insurance cover suitable for its business and property from time to time and that it is reasonable for The Company to sell the goods and fix the purchase price on the basis of the exclusions and limitations of liability which price would be higher were such provisions altered in these conditions and the Buyer agrees that it will be responsible for effecting insurance cover as mentioned above including (but not limited to) any required insurance cover in respect of any loss or damage of whatsoever kind or howsoever caused either by reason of the negligence of The Filing Plus Group Plc or otherwise to premises, plant or to other property and The Filing Plus Group Plc shall have no legal liability in respect of any such loss or damage.
5.7 The Filing Plus Group Plc shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of The Filing Plus Group Plc obligations in relation to the goods, if the delay or failure was due to any cause beyond The Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond The Company's reasonable control:-
(i) Act of God, adverse weather conditions, explosion, flood, tempest, fire or accident.
(ii) War or threat of war, sabotage, insurrection, civil disturbance or requisition.
(iii) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
(iv) Import or export regulations or embargoes.
(v) Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of The Company or of a third party).
(vi) Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
(vii) Power failure or breakdown in any vehicle or machinery or any computer malfunction.
(viii) The imposition of Stopping, Waiting, Parking or similar restrictions which delay or prevent The Company from reasonably affecting delivery of the goods.
6. General
6.1 The contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction for the English courts in relation to any dispute hereunder.
6.2 Nothing in this agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) 1999 shall not apply.
Edition 2006/1
Please call us on: 0800 056 2031 for further information.
